Collaborative divorce – A new way of thinking
Divorce proceedings are often seen as being very litigious and aggressive. However, legal, health and financial practitioners can now offer couples alternative methods to work out divorce agreements in a way that gives them more control and input. Collaborative divorce is one of the options to achieve this.
Collaborative divorce is a process that has gained traction in many countries, especially in the United States and Canada. Essentially, and similarly to mediation, it is a process that attempts to minimize conflict between divorcing parties and to make sure, wherever possible, that emotional and relational damage is limited during the divorce process. (more…)
Immigration and relocation: What are your rights?
The news that your former spouse intends to emigrate, taking your children with them, is devastating. What are your rights in this difficult situation?
In South Africa, all legislation related to the contact you, as a divorced parent, enjoy with your child (previously known as ‘access’) is contained in the Children’s Act of 2005. It outlines all your responsibilities in terms of caring for your child, having contact with them, maintenance and guardianship. (more…)
Interview with Business Day
Watch the latest interview with Evan Pickworth at Business Day – whereby we discuss divorce, pension funds and customary marriage.
Click here to watch the interview on the Business Day website.
Rule 34 and Divorce Settlement Gridlock
One of the better ways of resolving a divorce is through a negotiated settlement agreement. Simply put, this involves the clients and their attorneys sitting down and trying to reach agreement on the various issues in dispute.
These disputed issues usually revolve around who gets what, as well as around contact, residency and cost issues relating to childen born from the marriage. (more…)
“Will you marry me”
The common law of a country is the law which is created over time by custom (i.e. the behaviour and norms of society) and judicial precedent (the decisions of the courts). The common law of South Africa has historically recognised a claim for breach of promise in situations where an engagement is broken off. (more…)
Rehabilitative Maintenance During a Divorce
The term “rehabilitative maintenance” was coined to deal with situations where a maintenance order is set for a limited period of time before a divorce is finalised. Section 7(2) of the Divorce Act is the piece of legislaton that deals with the payment of maintenance in these situations, i.e before a settlement agreement has been reached. (more…)
The content in this blog is provided for general information purposes only and does not constitute legal or other professional advice. Copyright ©GillianLowndes2013